Desir v. NYU Langone Hospitals
- Sarah Cave
- 1:19-cv-08144
- U.S. District Court · Southern District of New York
- 2
In Desir v. NYU Langone, Judge Cronan adopted a recommendation that granted in part and denied in part Desir’s collective-action motion.
Cindy Desir, the proposed FLSA collective plaintiffs and class, NYU Langone Health System, and Nicole Reiss.
What happened
Cindy Desir sued NYU Langone Health System and Nicole Reiss under the Fair Labor Standards Act and New York Labor Law. She asked the court to conditionally certify a collective action and approve related notices, information sharing, workplace posting, and extended filing deadlines.
Magistrate Judge Sarah L. Cave recommended granting the motion in part and denying it in part. The opinion does not identify which specific requests the recommendation granted or denied.
No party objected within the required time. Judge John P. Cronan independently reviewed the recommendation, found it well reasoned, and adopted it in its entirety.
The detailed version
- Desir v. NYU Langone Hospitals · No. 1:19-cv-08144
- Sarah Cave
- Dec. 22, 2020
Background
Cindy Desir brought claims under the Fair Labor Standards Act (FLSA) and the New York Labor Law. She moved for several forms of relief related to an FLSA collective action: conditional certification of the collective, authorization and circulation of a proposed notice, production of identifying information from the defendants, posting of the notice at the defendants’ pharmacy for 60 days, and equitable tolling of the statute of limitations during the opt-in period.
Report and Recommendation
On October 19, 2020, Magistrate Judge Sarah L. Cave, who was handling general supervision of pretrial proceedings, issued a Report and Recommendation. It recommended that Desir’s motion be granted in part and denied in part. The opinion adopting the recommendation does not state which individual requests were granted or denied.
Review and Ruling
The parties did not file objections within the fourteen-day period identified in the Report and Recommendation. The court stated that this waived their right to object and to obtain appellate review. Despite the waiver, Judge John P. Cronan conducted a de novo review, meaning an independent review, and found the Report and Recommendation well reasoned and its conclusions well founded. The court therefore adopted the Report and Recommendation in its entirety. The motion was consequently granted in part and denied in part, as recommended.
Effect
This order resolved the motion concerning the proposed FLSA collective-action procedures. It did not, in the text provided, decide the underlying wage-and-hour claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.